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This case was last updated from PACER on 07/27/2021 at 11:18:55 (UTC).

Taction Technology, Inc. v. Apple Inc.

Case Summary

On April 26, 2021, Taction Technology, Inc. (“Taction” or “Plaintiff”), represented by Sean S. Pak of Quinn Emanuel Urquhart & Sullivan, LLP, filed an intellectual property lawsuit against Apple Inc. (“Apple” or “Defendant”), seeking injunctive relief and damages with prejudgment and post-judgment interests among other reliefs, for alleged unlawful infringement of United States patents owned by the Plaintiff. This case was filed in the United States District Court in the Southern District of California with Judges Gonzalo P. Curiel and William V. Gallo presiding.

 

Taction asserted that the Plaintiff filed this complaint for the alleged infringement of U.S. Patent Nos. 10,659,885 (the “’885 patent”) is entitled “Systems and Methods for Generating Damped Electromagnetically Actuated Planar Motion for Audio-Frequency Vibrations” and 10,820,117(the “’117 patent”) is entitled “Systems and Methods for Generating Damped Electromagnetically Actuated Planar Motion for Audio-Frequency Vibrations” (collectively, the “Asserted Patents”) owned by them.

 

The Plaintiff alleged that the Defendant has allegedly infringed Asserted Patents by “(i) making, using, selling, and offering to sell in the United States, including in this District, the Apple Watch Series 3, Apple Watch Series 4, Apple Watch Series 5, Apple Watch Series 6, Apple Watch SE, Apple Watch Nike, iPhone 8, iPhone 8 Plus, iPhone X, iPhone XR, iPhone XS, iPhone XS Max, iPhone 11, iPhone 11 Pro, iPhone 11 Pro Max, iPhone 12, iPhone 12 Mini, iPhone 12 Pro, iPhone 12 Pro Max, and 2020 iPhone SE (the “Accused Products”) which directly and indirectly infringes, one or more claims of Taction’s Asserted Patents, (ii) actively, knowingly, and intentionally induced infringement of one or more claims of the Asserted Patents under 35 U.S.C. § 271(b) actively encouraging others to make, use, sell, and offer to sell in the United States, the Accused Products and (iii) contributes to the infringement of one or more claims of the Asserted Patents under 35 U.S.C. § 271(c) offering to sell and selling a component of the Accused Products that constitutes a material part of the inventions, knowing the same to be especially made or especially adapted for use in an infringement of the Asserted Patents, and is not a staple article or commodity of commerce suitable for substantial non-infringing use.”

 

In the only claim for relief laid down by the Plaintiff, Infringement of the asserted patents in violation of 35 U.S.C. § 271(b) has been claimed, wherein it has been alleged that the Defendant has induced and continues to induce others with specific intent or willful blindness, actively aiding and abetting others to infringe, including customers, whose use of the Accused Products constitutes alleged infringement of asserted patents.

 

In the prayer for relief, the Plaintiff has requested the court to declare that Apple have infringed one or more claims of the Asserted Patents,that, in accordance with 35 U.S.C. § 283, Apple be preliminarily and permanently enjoined from (1) infringing the Asserted Patents and (2) making, using, selling, and offering for sale the accused Products. Plaintiff further requested the court to award damages sufficient to compensate Taction; including an enhancement of damages on account of Apple’s egregious willful infringement; and that Taction be awarded its reasonable attorneys’ fees; Costs and expenses in this action, an award of prejudgment and post-judgment interest.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00812

  • Filing Date:

    04/26/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    California Southern District

Judge Details

Presiding Judge

Gonzalo P. Curiel

Referral Judges

William V. Gallo

Jill L. Burkhardt

 

Party Details

Plaintiff and Counter Defendant

Taction Technology, Inc.

Defendant and Counter Claimant

Apple Inc.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Sean S. Pak

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

50 California Street, 22Nd Floor

San Francisco, CA 94111-2562

Gavin Kenneth Snyder

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

1109 First Avenue, Suite 210

Seattle, WA 98101

Scott L. Cole

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

201 West 5Th Street, 11Th Floor

Austin, TX 78701

Thomas D. Pease

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

51 Madison Avenue, 22Nd Floor

New York, NY 10010

Defendant and Counter Claimant Attorneys

Seth M Sproul

Attorney at Fish & Richardson - Seth Sproul

12860 El Camino Real, Suite 400

San Diego, CA 92130

Christopher Scott Marchese

Attorney at Fish & Richardson

12860 El Camino Real, Suite 400

San Diego, CA 92130

 

Court Documents

#25

(#25) ORDER Approving the Pro Hac Vice Application of Scott L. Cole, re #10 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 7/21/2021.(rmc) (Entered: 07/21/2021)

#24

(#24) ANSWER to #17 Answer to Complaint, Counterclaim by Taction Technology, Inc..(Pak, Sean) (dlg). (Entered: 07/08/2021)

#22

(#22) ORDER Approving the Pro Hac Vice Application of Thomas D. Pease, re #21 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 7/6/2021.(rmc) (Entered: 07/06/2021)

#21

(#21) Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Pease, Thomas) (rmc). (Entered: 07/06/2021)

#20

(#20) Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Cole, Scott) QC mail sent re duplicate filing of #10 (rmc). (Entered: 07/06/2021)

#19

(#19) Joint MOTION to Continue Early Neutral Evaluation and Case Management Conference by Apple Inc.. (Marchese, Christopher) (dlg). (Entered: 06/30/2021)

#17

(#17) ANSWER to #1 Complaint,, with Jury Demand , Affirmative Defenses, COUNTERCLAIM against Taction Technology, Inc. by Apple Inc..(Marchese, Christopher) (dlg). (Entered: 06/17/2021)

#16

(#16) NOTICE of Party With Financial Interest by Apple Inc. . No Parties With Financial Interest. (Sproul, Seth) (dlg). (Entered: 05/17/2021)

#14

No Description Available

#13

No Description Available

#12

No Description Available

#11

No Description Available

#10

(#20) Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Cole, Scott) QC mail sent re duplicate filing of #10 (rmc). (Entered: 07/06/2021)

#9

(#9) NOTICE of Appearance by Gavin Kenneth Snyder on behalf of Taction Technology, Inc. (Snyder, Gavin)Attorney Gavin Kenneth Snyder added to party Taction Technology, Inc.(pty:pla) (jmo). (Entered: 04/30/2021)

#8

(#8) Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Cole, Scott) QC mail sent re missing fee (rmc). (Entered: 04/30/2021)

#4

(#4) Corporate Disclosure Statement by Taction Technology, Inc.. No Corporate Parents/Interested Parties. (Pak, Sean) (dlg). (Entered: 04/26/2021)

#2

(#2) REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *10,659,885*, *10,820,117*, *10,237,660*, *2016/0086458*, *9,439,921*, *10,237,660* cc:USPTO (zda)(jms). (Entered: 04/26/2021)

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Docket Entries

  • 07/21/2021
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  • Docket(#25) ORDER Approving the Pro Hac Vice Application of Scott L. Cole, re #10 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 7/21/2021.(rmc) (Entered: 07/21/2021)

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  • 07/08/2021
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  • Docket(#24) ANSWER to #17 Answer to Complaint, Counterclaim by Taction Technology, Inc..(Pak, Sean) (dlg). (Entered: 07/08/2021)

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  • 07/06/2021
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  • Docket(#23) MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: For good cause shown, the parties' Joint Motion to Continue Early Neutral Evaluation and Case Management Conferences (ECF No. #19 ) is hereby GRANTED. Accordingly, the Court hereby orders as follows: The 8/5/2021 video Case Management Conference ("CMC") is CONVERTED to a telephonic, counsel-only CMC and CONTINUED to 8/9/2021, at 11:00 AM before Judge Burkhardt. For purposes of the CMC, all participating counsel shall call the Court's teleconference line at 877-873-8018 and use access code 9930765. The 8/5/2021 video Early Neutral Evaluation Conference ("ENE") is CONTINUED to 8/20/2021, at 9:00 AM before Judge Burkhardt and remains set as a video conference. The 7/26/2021 deadline to file a Joint Discovery Plan is EXTENDED to 7/30/2021. The 7/26/2021 deadline to lodge ENE statements is EXTENDED to 8/10/2021. This Order does not otherwise alter the mandatory directions, dates, and deadlines set forth in the Court's 6/23/2021 Order (ECF No. #18 ). (no document attached) (mjg) Modified on 7/7/2021 to add docket text and regenerate nef per mj chambers (dlg). (Entered: 07/06/2021)

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  • 07/06/2021
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  • Docket(#22) ORDER Approving the Pro Hac Vice Application of Thomas D. Pease, re #21 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 7/6/2021.(rmc) (Entered: 07/06/2021)

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  • 07/06/2021
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  • Docket(#21) Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Pease, Thomas) (rmc). (Entered: 07/06/2021)

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  • 07/06/2021
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  • Docket(#20) Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Cole, Scott) QC mail sent re duplicate filing of #10 (rmc). (Entered: 07/06/2021)

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  • 06/30/2021
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  • Docket(#19) Joint MOTION to Continue Early Neutral Evaluation and Case Management Conference by Apple Inc.. (Marchese, Christopher) (dlg). (Entered: 06/30/2021)

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  • 06/24/2021
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  • Docket(#18) NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. Early Neutral Evaluation set for 8/5/2021 01:45 PM before Magistrate Judge Jill L. Burkhardt. Case Management Conference set for 8/5/2021 01:45 PM before Magistrate Judge Jill L. Burkhardt. Joint Discovery Plan due 7/26/2021. Signed by Magistrate Judge Jill L. Burkhardt on 6/23/21.(dlg) (Entered: 06/24/2021)

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  • 06/17/2021
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  • Docket(#17) ANSWER to #1 Complaint,, with Jury Demand , Affirmative Defenses, COUNTERCLAIM against Taction Technology, Inc. by Apple Inc..(Marchese, Christopher) (dlg). (Entered: 06/17/2021)

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  • 05/17/2021
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  • Docket(#16) NOTICE of Party With Financial Interest by Apple Inc. . No Parties With Financial Interest. (Sproul, Seth) (dlg). (Entered: 05/17/2021)

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5 More Docket Entries
  • 05/04/2021
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  • Docket(#10) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15690524.) (Application to be reviewed by Clerk.) (Cole, Scott) (rmc). (Entered: 05/04/2021)

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  • 04/30/2021
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  • Docket(#9) NOTICE of Appearance by Gavin Kenneth Snyder on behalf of Taction Technology, Inc. (Snyder, Gavin)Attorney Gavin Kenneth Snyder added to party Taction Technology, Inc.(pty:pla) (jmo). (Entered: 04/30/2021)

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  • 04/30/2021
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  • Docket(#8) Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Cole, Scott) QC mail sent re missing fee (rmc). (Entered: 04/30/2021)

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  • 04/28/2021
  • Docket(#7) MINUTE ORDER OF RECUSAL. Magistrate Judge William V. Gallo is no longer assigned. Case randomly reassigned to Magistrate Judge Jill L. Burkhardt for all further proceedings. The new case number is 21cv812 GPC (JLB).(no document attached) (jcj) (Entered: 04/28/2021)

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  • 04/28/2021
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  • Docket(#6) SUMMONS Returned Executed by Taction Technology, Inc.. Apple Inc. served. (Pak, Sean) (dlg). (Entered: 04/28/2021)

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  • 04/26/2021
  • Docket(#5) MINUTE ORDER OF RECUSAL. Magistrate Judge Michael S. Berg is no longer assigned. Case reassigned to Magistrate Judge William V. Gallo for all further proceedings. The new case number is 21cv812-GPC-WVG.(no document attached) (zda) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#4) Corporate Disclosure Statement by Taction Technology, Inc.. No Corporate Parents/Interested Parties. (Pak, Sean) (dlg). (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#3) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (zda) (jms). (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#2) REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *10,659,885*, *10,820,117*, *10,237,660*, *2016/0086458*, *9,439,921*, *10,237,660* cc:USPTO (zda)(jms). (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#1) COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 402 receipt number ACASDC-15659126.), filed by Taction Technology, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - US10659885, #3 Exhibit B - US10820117, #4 Exhibit C - Haptics Firmware Engineer, #5 Exhibit D - Haptics Quality Engineer, #6 Exhibit D - Haptics Product Design Engineer)The new case number is 3:21-cv-812-GPC-MSB. Judge Gonzalo P. Curiel and Magistrate Judge Michael S. Berg are assigned to the case. (Pak, Sean)(zda) (jms). (Entered: 04/26/2021)

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